SWC VEH102 RFR_REOPENING__Revised 7.10.19~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Advanced Vehicle Technology Equipment, Supplies and Services Designated DOER SWC

Agency Document Number: VEH102

Original WTO Announcement Bid Number: BD-16-1041-ENE01-ENE01-00000007341

Original Bid #/Date: BD-16-1041-ENE01-ENE01-00000008980 / 6-29-16 First Reopening Bid #/Date: BD-17-1041-ENE01-ENE01-15627 / 4-28-17 Second Reopening: BD-20-1080-OSD03-SRC3-40716 / 6-10-19

Issued June 9th, 2016 Re-opened June 10, 2019 Amended July 10, 2019 Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

Equipment, Supplies and Services

Table of Contents Page ii

Introduction and bid overview Description or Purpose of Procurement This is a reopening of VEH102 for additional Quotes to meet the Commonwealth’s need for additional vendors and/or services in all three RFR categories and applies to both new vendors and current vendors wishing to bid in a new category for which they are not already awarded. Current vendors not seeking to bid in a new category do not need to respond to this bid. All vendors submitting responses to this bid should refer to Attachment A: VEH102 Response Checklist and indicate one of the following selections, as well as complete any required attachments, in their entirety, for that selection:

· New vendor: must complete ALL Attachments (A through E) in their entirety.

· Current vendor, bidding in new category: must complete Attachments A through D in their entirety.

The Commonwealth of Massachusetts, represented by the Operational Services Division (OSD) and the Department of Energy Resources (DOER), and the Metropolitan Area Planning Council (MAPC) are soliciting Bidders for the acquisition of a wide range of Advanced Transportation Technology (ATT) equipment, supplies and services including Electric Vehicle Supply Equipment (EVSE), Anti-Idling technologies, and After-market conversion technologies, described herein. The aim of this RFR is to award multiple vendors per category. Users are required to solicit at least multiple quotes from awarded vendors.

Estimated Procurement Calendar

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q&A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

Bidders and awarded Contractors are required to view the COMMBUYS requirements associated with this bid and are responsible for compliance with those requirements.

Written questions via the Bid Q&A on COMMBUYS The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions may be asked prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The SST reserves the right not to respond to questions submitted after this date, although questions posted after the Deadline may be answered if the SST believes that providing an answer may improve the quality of the Bid responses. It is the Bidder’s responsibility to verify that the questions entered into the Bid Q&A are recorded in COMMBUYS and appear on the Bid Q&A page.

Please note that any questions submitted to the SST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are immediately accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep a current email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a bid based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Pre Bid Conference No pre-bid webinar will be held for this bid re-opening. All questions are to be submitted in electronic format through COMMBUYS.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the resulting Master Blanket Purchase Order being posted on COMMBUYS. The SST will provide debriefing guidelines in advance of each debriefing.

Applicable Procurement Law:

MGL c.30 – 39M; MGL c. 149, §§ 26-27, 44A-44M; and MGL c. 7c, § 58

Acquisition Method:

The acquisition method(s) to acquire goods and/or services from this Bid are identified below.

Fee-For-Service

Outright Purchase

License

Other: Tax Exempt Lease-Purchase (TELP) – applicable only to purchases >$100,000

Anticipated Contract Awards Check One:

Multiple Contractors

Estimated Number of Awards Multiple awards will be made from this RFR. The maximum number will depend on the volume of submittals that meet the criteria established in this RFR. The SST may award more or fewer Contracts, or reject all bids all together, if it is in the best interests of the Commonwealth to do so. For Bidders that Bid on multiple categories, the SST reserves the right to award the Bidder one, some or none of the categories. Contractors may only sell products within the categories they have been awarded.

Adding Contractors after Initial Contract Award If, over the life of the contract, the SST determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids. Reopening may be limited to categories or geographic regions.

The SST also reserves the right to suspend the review of additional submissions for specific regions or close the Solicitation for new Bids entirely if it deems that the number of Contractors awarded at that point adequately meets the needs of eligible entities. If, subsequent to such a decision, the SST determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened.

Performance and Payment Timeframes Which Exceed Contract Duration All term maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new agreements shall extend more than one year beyond the final termination date of this Statewide Contract. Exceptions can apply with a prior written approval from the Commonwealth Contract Manager executed before the final contract termination date. No new agreements for goods and/or services may be executed after the Contract has expired.

Entities Eligible to Use the Resulting Contract Statewide Contract– Open for Use by All Eligible Entities. Any Contract(s) resulting from this Bid will be open for use by the following entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories (no prior approval by the State Purchasing Agent required); and

10. Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities. Contractors will further be responsible for reporting and paying the appropriate fee to the Metropolitan Area Planning Council (MAPC) for all sales to all eligible municipal entities, defined as those named above in list numbers 1 and 4: cities, towns, districts, counties and other political subdivisions, local public libraries, public school districts and charter schools. Contractors will be responsible for all other reporting and fees to the Operational Services Division (OSD). See Section 15 for details.

Anticipated Contract Duration:

The initial term of this Contract is three years. In addition, this Contract has three options to renew of up to two years each with a maximum Contract term of nine years (including the initial term and all possible renewal options).

Initial Term Plus All Renewal Periods

Initial Duration “Three Years” from the execution date

No more than Three options

Twenty four months each option

Nine Years

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $5 million in the initial Contract duration. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

The goods/services being solicited in this Bid have not been on Statewide Contract in the past, and estimates are based on data from past usage of similar agency contracts. However, the SST believes that there is a large opportunity for business for interested Bidders and forecasts the estimated value over the life of this Contract.

Procurement Scope and Description The Commonwealth of Massachusetts, MAPC, and the VEH102 Advanced Vehicle Transportation Technologies, Equipment and Supplies Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of a wide range of advanced vehicle technology equipment, supplies and services including: EVSE, anti-idling, and aftermarket alternative fuel and hybrid conversion technologies and equipment described herein.

The resulting Statewide Contract, VEH102 Advanced Vehicle Transportation Technologies, Equipment and Supplies, will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for alternative transportation related equipment, supplies and services covered by the Contract. This contract replaces “RFR-ENE-2011-008-2 Electric Vehicle Charging Infrastructure” and includes an expanded scope of advanced vehicle technology equipment, supplies and services available as options to traditional fossil fuel transportation related systems.

DOER, as well as other agencies and municipalities, are periodically in need of alternative transportation equipment and supplies, ranging from electric vehicle charging stations, to idle reduction technologies, to after-market hybrid drive train systems, to name a few. The scope of services herein is intended to assist the Commonwealth, municipal government partners, and other eligible entities in keeping pace with the ever-expanding energy efficient alternative transportation sector.

The Statewide Contract will also be available for use by other eligible entities listed in Section 1.13; other states may elect to join this contract, see Section 4.7 for details.

VEH102 Service and Product Categories VEH102 is structured into three (3) service and product categories; a bidder may bid on one, some, or all of the categories. Each category has its own industry specific requirements and each Category will be evaluated accordingly. There will be multiple awards per category. Eligible entities will acquire products and services by soliciting multiple quotes from the awarded vendors.

List of Service and Product Categories:

· Category 1: Electric Vehicle Supply Equipment, hardware, software and installation.

· Category 2: Idle Reduction Equipment for – Heavy, Medium, and or Light Duty Vehicles

· Category 3: After-Market Conversion Technologies – all vehicle categories

Service Category Specifics:

Category 1: Electric Vehicle Supply Equipment (EVSE), Hardware, Software, and Ancillary Services – all vehicle categories Under the Statewide Contract VEH102, the SST seeks to establish a pre-qualified list of vendors to provide EVSE Charging Station equipment, hardware, software and ancillary services to eligible public entities.

Bidders shall provide a list of products and services from which end users may purchase as stand-alone items or may be offered as part of a Full Service option. Products offered in Category 1 should have the listing mark of an approved Nationally Recognized Testing Laboratory (NRTL). Bidders for stationary charging hardware products must provide end users with a customer support service number that is visible and accessible to customers 24 hours, 7 days a week through a toll-free telephone number to assist customers with difficulties accessing or operating the charging stations. The SST reserves the right to deny awards to products or services deemed outside the scope of this RFR. Example EVSE products and services include, but are not limited to, the following:

· Level 1 Hardware

· Level 2 Hardware

· DC Fast Charge (DCFC) Hardware

· Inductive Charging Hardware

· Network Software and Reporting Services

· Billing Services

· Site Assessment

· Installation and/or Commissioning

· Servicing and maintenance during and/or after warranty

· EVSE paired with clean energy generation and/or storage

· EVSE Vehicle to X software and services

· EVSE demand management software and services

· EVSE fleet charging management software and services

· Portable EV Charger with or without solar

· Portable Fast EV Charger with or without solar

Eligible entities subject to Massachusetts General Law (MGL) must be mindful when seeking quotes for projects that include any installation or construction since they may be subject to construction and prevailing wage laws; see section 4.3 below. Eligible entitles not subject to MGL should be mindful and follow appropriate regulations and policies where appropriate.

All network software and other related products and services are subject to the Executive Office of Technology Services and Security (fka MassIT) requirements, see Section 5 below. Other eligible entities may require additional and/or alternate requirements: the contract user and contractor are strongly advised to review and understand the requirements at the beginning of the process.

Physical Appearances and Design: The EVSE pedestals must be a minimum of four (4) feet in height and provide adequate visibility for EVSE users. Consideration should be made for how the EVSE will be used in conjunction with bollards to protect the unit if it is not out of the way of traffic. The EVSE must be accessible to disabled persons and compliant with 521 CMR and the American with Disabilities Act (ADA). Installation in handicapped spaces must allow for adequate space (a minimum of 36 inches clearance), have a maximum height of 48 inches and allow for either forward wheelchair approach (48 inches) or side approach (54 inches).

Category 2: Idle Reduction – Heavy, Medium, and Light Duty Vehicles; and Heavy Duty Equipment Under the Statewide Contract VEH102 Idle Reduction, the SST seeks to establish a pre-qualified list of vendors to provide Idle Reduction Technologies for: Heavy Duty Vehicles and Equipment, Medium Duty Vehicles and Light Duty Vehicles. Bidders shall provide a list of products and services from which end users may purchase. Pricing submitted by the bidder shall include installation, transportation charges and other ancillary services, as separate line items, where appropriate. Products offered for Heavy Duty Vehicles must be EPA or DOE certified. All other products should be certified by a third party that is nationally recognized. The SST reserves the right to deny awards to products or services deemed outside the scope of this RFR. Example products include, but are not limited to:

· Battery/Auxiliary Power Units or Generator Sets (APU/GSs) - An APU/GS device contains an EPA emission-certified engine (certified under 40 CFR Part 89). APU/GS devices supply cooling, heating, and electrical power to Class 8 trucks. EPA has determined through its own test program that these devices reduce emissions on long-haul, Class 8 trucks when compared to a truck’s baseline emissions from the main propulsion engine.

· Cab or Bunk Heaters

· Coolant Heaters

· Electric Transportation Refrigeration Units (e-TRUs) - An e-TRU is a refrigeration system powered electrically that provides heating and refrigeration to shipping containers and replaces traditional diesel TRU power.

· Air Heaters

· Waste Heat Recovery systems

· Electrical Block Heaters

· Small Onboard Diesel Cabin Heaters

· Backup Battery Systems for Police Cruisers

· Battery Monitoring Systems (i.e. no backup battery) for Police Cruisers, Highway Services, Construction, etc.

· Other Idle Reduction Equipment – please specify

When responding to Contract User Quotes/Solicitation, awarded Contractors are required to clearly identify in the initial quote any and all possible modifications and changes to the vehicle’s current specifications. Such modifications or changes may include fuel economy, towing capacity, dimension changes, ground clearance, etc.

Category 3: After-market conversion technologies– all vehicle categories Under the Statewide Contract VEH102, the SST seeks to establish a pre-qualified list of vendors and specialized equipment to help the Commonwealth and its eligible entities meet transportation-related energy reduction targets. After-market conversion systems modify vehicles and engines so that they can run on – or be supplemented by – fuels or technologies other than the ones for which they were originally designed. After-market conversion technologies shall be applicable to vehicles in-service already on the road or new vehicles by upfit at time of purchase and will make these vehicles more efficient and extend their value by reducing their original fuel use, GHG emissions, and other pollutants.

Product offers must be certified by one of the following: EPA Clean Alternative Fuel Conversion Systems, CARB, a nationally recognized testing laboratory, or manufacturer certification that includes a warranty protection statement. All products must be installed by the manufacturer, or by certified or authorized installers.

Bidders shall provide a list of products and services that end users may purchase as stand-alone items or that may be offered as part of a full service purchase option. Full Service options include installation, labor and all ancillary costs. Warranty issues must be called out in ship through codes. Pricing submitted by the bidder shall include, installation, transportation charges and other ancillary services, as separate line items, where appropriate. The SST reserves the right to deny awards to products or services deemed outside the scope of this RFR. Products include, but are not limited to:

· Hybrid Electric Vehicle (HEV) Technologies

· Plug-in Hybrid Electric Vehicle (PHEV) Technologies

· Hydraulic Hybrid Vehicle (HHV) Technologies

· Alternative Fuel Retrofit Technologies such as those used to convert vehicles from petroleum fuel to Propane, Compressed Natural Gas (CNG), Electricity, or Hydrogen

· Options to attain BEV, HEV, PHEV, HHV, or Alternative Fuel Technologies as vehicle upfits/retrofits.

Contractors are required to clearly identify in the initial quote any and all possible modifications and changes to the vehicle’s current specifications. Such modifications or changes may include fuel economy, towing capacity, dimension changes, ground clearance, etc.

Bidder Qualifications (See Attachment B) Company experience Business background Bidders must include detailed information regarding the company’s experience servicing commercial and/or government accounts.

Years in the Industry All Bidders must have been in business for at least three (3) years prior to the close date of this solicitation. The SST may consider Bidders that have been in business for less than three (3) years if the key personnel of the company have three (3) or more years of relevant experience as described in the scope of this procurement, per category on which the Bidder is bidding. To qualify for this exception, Bidders must submit key personnel resumes showing relevant business experience. The SST has final authority in determining whether the presented experience is sufficient.

Employee and/or business certifications, licenses Per Section 2, Bidders must submit copies of certifications and/or licenses as requested. All staff working on products and services must be properly trained and authorized. Contractors may be required to submit proof of training for personnel throughout the life of the contract.

Financial stability including tax compliance, bankruptcy, litigation and contract defaults Bidders must submit a Document of Tax Compliance (Certificate of Good Standing from the Department of Revenue) to certify compliance with all Commonwealth tax laws, including MGL c. 62C, §49A. More information regarding these DOR documents are posted at http://www.mass.gov/dor . Out of state Bidders should include an analogous document from their state’s department of revenue.

In addition, each Bidder shall submit with their Bid evidence that it has the financial capability, necessary equipment, experience, and capital to furnish the required equipment in the manner prescribed and to perform the required work satisfactorily.

Adverse Conditions Litigation, Penalties, Pending Actions, Enforcement Actions, or Bankruptcy: The Bidder shall submit a description of any and all investigations, indictments or pending litigation by any federal, state or local jurisdiction relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related company.

The Bidder shall submit a list of all bankruptcy and other similar proceedings within the past five (5) years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

Defaults: The Bidder shall provide a description, in detail, of any situation in which the Bidder’s firm (either alone or as part of a joint venture), or a subsidiary of the Bidder’s firm, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event described. Please also provide the name, title and telephone number of the principal manager of the Contract User who asserted the event of default or noncompliance.

Other Adverse Situations: The Bidder shall provide a description of any present facts known to the Bidder that might reasonably be expected to affect adversely either its ability to perform any aspect of the agreement or the viability of any affiliated entity that might reasonably be expected to supply financial support.

References and reference information and/or requirements (See Attachment C) The Business References are to be submitted in electronic format directly to the SST.

Bidders shall download the Business Reference Form from COMMBUYS VEH102 documents page and provide that form to their Business Clients. Clients are asked to fill out the Business Reference Form and e-mail it to the SST c/o david.sargeant@mass.gov. All business references must be received by the SST directly from the Business Client. The first three (3) business references received on behalf of each Bidder will be evaluated. The SST shall not consider any business references beyond these first three (3). Business Clients are required to be recipients of Bidder business services with whom there is or has been a standing business relationship of one year or greater duration. The SST would like to see references from public entities and or organizations located in Massachusetts if possible.

Product and Performance Specifications Statement of Work (SOW) requirements In VEH102, the type of services and scope of work will be generated on a case by case basis. It is a requirement that the Contractors must execute a sub-agreement, termed a Statement of Work (SOW), before any work begins. Once awarded the Quote/Solicitation by Contract User, the Contract User and Contractor shall finalize specifications in the Statement of Work (SOW), as appropriate (i.e. may be specific to on-site customer visits, on-line or telephone support, performance measures for products, associated remedies, etc.). The SOW shall include but not be limited to:

· Material costs

· Ancillary costs

· Project dates

· Scheduled payments

Responsibilities of the User Contract Users will be required to seek multiple quotes and to make a final vendor selection based on a Best Value determination. Once Contractor is determined, Contract User and Contractor will execute a SOW.

Responsibilities of the Contractor Contractor must respond to all quote requests with an estimate or rejection. Contractor and Contract User must sign the SOW before work can proceed. Changes to the SOW should be minimal; if changes/modifications are required, Contractor must discuss with Contract User and agree in writing to the changes. During the life of any contract resulting from this RFR, all contractors will be required to comply with Key Performance Indicators/Measurements as outlined in section 4.11.

Warranty Requirements Post-Warranty Maintenance and Support of Software or Licenses Systems Bidders must describe plans offered for post-warranty maintenance and support, specifically for any software or license systems. Support and maintenance must be available for a period of time following expiration of a current warranty.

Vehicle Warranties Contractor products, installation, and services shall not void any original OEM Manufacturer warranties of the vehicle. Bidders shall produce evidence of original OEM Manufacturer warranty protection. In the event that an OEM warranty is voided, the Contractor will be responsible for upholding the original warranty agreements. At a minimum, Contractors must fully inform Users of all risks, options and benefits in writing before placing an order or servicing a vehicle.

Extended Warranties Bidders must include information regarding Extended Warranty options and additional costs, discounts, limitations, benefits, etc. All warranties, maintenance or other agreements for services obligated by the Contractor (or their subcontractors) for products originating from this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes as provided by the warranty or maintenance service agreements.

Massachusetts General Law (M.G.L.): Construction and Prevailing Wage Eligible Entities subject to M.G.L. must be mindful of the Constructions Laws and Prevailing wage requirements when installing EV stations or performing other related projects. Eligible Entities not subject to M.G.L should be mindful and follow appropriate regulations and policies where appropriate. Contractors must also comply with related construction and prevailing wage laws when performing services under this contract.

Construction and Permitting

It is the responsibility of the Eligible Entity to consult their legal counsel for assistance determining whether installation services provided include construction as defined by M.G.L. c. 149 §44A or M.G.L. c.30 §39M. Any installation services through this contract involving construction are limited to a maximum cost of $50,000 (i.e. labor) per engagement. Construction projects exceeding these limits are not permitted under this contract. Such projects that include construction shall be governed by the procedures detailed in M.G.L. c. 149 §44A for work pertaining to buildings, or M.G.L. c.30 §39M, for work pertaining to public works.

In instances where Statewide Contract VEH102 is used for services in excess of $25,000, MGL c. 149, s. 29 payment bonds are required from the selected Contractor. It is the responsibility of the eligible entity to enforce this requirement when soliciting quotes. Eligible Entities may require additional performance and payment bonds from the Contractor, which would be detailed in the Statement of Work. All awarded Contractors will be required to execute statements of work for engagements under this contract that incorporate applicable public construction law requirements including, but not limited to: employment requirements, labor harmony and OSHA training certifications, change orders and adjustments, foreign corporations, payment requirements, weather protection, financial reporting, auditor’s certification.

Additionally, MGL c. 7C, ss. 44-57, Design Services for Public Building Projects, is outside the scope of this statewide contract.

Purchasing entities are responsible for compliance with applicable construction law requirements. DOER does not provide guidance on this. Information concerning specific M.G.L. c. 149 and c. 30 construction requirements may be found in the Office of the Inspector General’s Public Procurement Charts at: https://www.mass.gov/files/documents/2019/01/22/Procurement-Charts-2018.pdf. Chapter 30B Procurement Assistance from the Office of the Inspector General is available at https://www.mass.gov/how-to/get-procurement-assistance. Access the 30B Hotline at 617-722-8838 or email them at: 30BHotline@massmail.state.ma.us.

Contractor is responsible for obtaining and submitting any and all required permits from any Federal, State or Local agency. Contractors are responsible for the payment of all permits. Eligible Entities will not pay for any permits of any kind unless this is otherwise specified and agreed upon by the purchasing entity in writing prior to the start of work.

Prevailing Wage Prevailing wage law states that it is the responsibility of the eligible entity (the Contract User) to provide the Contractor with a copy of the most current prevailing wage sheet at the time of the quote request. The wages listed on the wage schedule must be paid to employees on public works projects regardless of whether they are employed by the prime contractor or any sub-contractor.

Prevailing wage may apply to construction services purchased under this contract, including, but not limited to:

· Installation that requires alteration of the building structure, such as equipment that affixes to the building.

· Electricians and other laborers that install the Electric Vehicle Charging Stations.

The Contractor must provide the eligible entity with certified payroll record (prevailing wage) on a weekly basis. Chapter 149, § 27B requires the following information be contained on certified payroll records for each employee: the name, address, occupational classification, hours worked and wages paid. Failure to comply with payroll records may result in suspension or termination of contract.

All or part of the service(s) available under this RFR and resulting contracts may require the payment of prevailing wages pursuant to M.G.L. c. 149, Sections 26 through 27D (construction); Section 27F (trucks, vehicles and other equipment performing public works functions (non-construction); Section 27G (moving office furniture) and 27H (state cleaning contracts). The Contract User has a legal obligation to request a prevailing wage schedule from the Department of Labor Standards (DLS) at www.mass.gov/dols.

In addition, Bidders must agree to comply with the Prevailing Wage Law, as administered by the DLS. All Employees of Contractors engaged in these activities must be paid at least these rates for any work performed under a Contract resulting from this RFR when working in a public building or on a public work. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website at www.mass.gov/dols or by calling the DLS Prevailing Wage Program at 617-727-3465.

Service Specifications and Delivery Terms The Contract User shall describe applicable service, product requirements and delivery terms (such as delivery and/or pick-up obligations) as accurately as possible during the initial multiple quote solicitation. Final service and delivery terms shall be agreed upon by Contract User and Contractors when establishing the SOW.

In cases in which existing vehicles are retrofitted, all vehicles must be returned to the Contract User in the same condition or better. If damages occur during the modification/retrofit, the Contractor must notify the Contract User immediately, repair such damages at the Contractor’s expense and deliver the products as close to the original delivery time as possible.

Additional fees for transportation, fuel, energy, or insurance or any other surcharges will not be allowed throughout the duration of the contract(s), unless mutually agreed upon in writing by both parties.

Adding New Products The Commonwealth may elect to add or remove products and technologies at any time to any of the categories. In the event that the Commonwealth decides to expand to additional products, it will first determine if the Contractors or qualified Bidders who responded to this Bid are sufficient. If they are not sufficient and do not meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional bids.

Geographic service and delivery areas Bidders shall identify areas of coverage that the company will support; i.e., the entire state, western region, central region, eastern region, cape and the islands, or any combination thereof.

Other States Participation and Contract Management Other States and eligible public entities may use this contract. Permission to use the contract by other state entities is not required by the Commonwealth. Any approvals or permissions required by a state or eligible entity’s procurement office should be directed to the Commonwealth of MA State Purchasing agent at PurchasingAgentOSD@MassMail.State.MA.US.

Contractors are required to comply with other participating states’ or eligible entity’s contract management requirements, to be established between the Contractor and the entity.

The use of this contract by non-Massachusetts state agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state’s statutes to use state contracts are subject to the approval of the respective procurement official of that state or eligible entity. Issues of interpretation and eligibility for participation are solely within the authority of the respective procurement official of that state or eligible entity. Entities electing to enter into an agreement with the Contractor for the goods and/or services may negotiate their own state-specific terms and conditions through use of a Participating Addendum.

Systems Integration with VEH99 the Commonwealth’s Fleet Information Management System Contractors may be required to enable automated interfaces with VEH99, the Commonwealth’s Fleet Information Management System (FIMS) Chevin Fleet Solutions’ Fleetwave 2.0, for Massachusetts state fleet vehicles only. Interfaces may include but are not limited to:

· Unique Asset Identifier

· Plate Number

· VIN

· Vehicle description (year, make, model)

· Date

· Purchase Order number

· Repair vs replace

· Vendor

· Quantity purchased

· Detailed cost breakdown

· Memo/narrative/notes

It is important to note that no fundamental changes will be made to the existing system to accommodate the interface. The simplest form of data communication expected is an excel data table to the VEH99 Contractor, while the preferred form of data communication will be systems integration with the VEH99 Contractor. Note that if any hardware and/or software are required for this interface, the Contractor is responsible for the costs and installation. The Contractor will push/deliver data as needed, potentially no less than nightly.

1.1 Guidelines for Coordinating New Vehicle Retrofit/ Upfits

Eligible entities that purchase new vehicles through the statewide contract, VEH98, or any future or similar contracts - must work with all relevant contractors when using this contract for after-market advanced fuel technology up-fit options. Alternative fuel vehicle up-fit options include but may not be limited to Compressed Natural Gas (CNG), Propane, and Hybrid Electric. Vendors of this contract, VEH102, who wish to supply alternative fuel or hybrid upfit/retrofit equipment, must establish their own relationships with the VEH98 vehicle vendors. Eligible entities and VEH102 contractors must be especially mindful in cases in which advanced fuel technology upfits/retrofit modifications are required at the factory by the manufacturer.

Security and Confidentiality The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Statewide Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, and commercial proprietary information in the possession of the Commonwealth Agency.

Key Performance Indicators (KPIs) All Contractors will be evaluated throughout the contract term and results will be assessed at the renewal period for each contract term end. Renewals are not a guarantee; Contractors risk losing their award(s) altogether if they do not meet their Key Performance Indicators (KPI). Renewals are based on accuracy of renewal document submissions, acceptance of renewal terms, KPIs, and other conditions that may arise during the contract year; the Commonwealth, at its sole discretion, may opt NOT to renew the Contractor’s agreement.

Criteria to be evaluated include:

1. Equipment installed and service provided in timely fashion

2. Equipment operation as expected

3. Environmental performance as expected

4. Warranty has been honored

5. Service performed as per contract

6. Timely reporting of Sales Data and Administration Fee as required in the contract

7. Timely responses to the Commonwealth Contract Manager

8. Excellent customer service provided

Buyouts, mergers, acquisitions In the case of buyouts, acquisitions, asset sales, or any other business changes that initiate major business identity…